Environment Spare Parts For Control Of Burning Activities - Full Text Of The Norm

Original Language Title: MEDIO AMBIENTE RESUPUESTOS MINIMOS PARA CONTROL DE ACTIVIDADES DE QUEMA - Texto completo de la norma

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image inicio sitio infoleg MInisterio de Justicia y Derechos Humanos
ENVIRONMENT Law 26.562 Minimum environmental protection budgets for the control of burning activities throughout the national territory. Sanctioned: November 18, 2009 Enacted: December 15, 2009

The Senate and Chamber of Deputies of the Argentine Nation assembled in Congress, etc. sanction with force of Law:

BUDGET LAW WE DE PROTECCION AMBIENTAL FOR CONTROL OF ACTIVITIES

ARTICLE 1 The purpose of this Act is to establish minimum environmental protection budgets for burning activities throughout the national territory in order to prevent fires, environmental damages and risks to public health and safety.

ARTICLE 2 For the purposes of this law, consider burning all efforts to eliminate vegetation or waste through the use of fire, in order to enable a land for its productive use.

Article 3 Any burning activity that does not have the appropriate authorization issued by the competent local authority is prohibited throughout the national territory, which shall be specifically granted.

ARTICLE 4 The competent authorities of each jurisdiction shall establish conditions and requirements for authorizing the carrying out of burning, which shall include at least climatic, seasonal, regional, soil preservation, flora and fauna parameters, as well as technical requirements for preventing the risk of the spread of fire and safeguarding public health and safety.

Where the authorization of burning is granted for a lining smelt with another jurisdiction, the competent authorities of the former shall promptly notify those of the jurisdiction in question.

In cases where they deem it relevant, they will establish burning zones.

ARTICLE 5o The competent authorities of each jurisdiction may suspend or discontinue the execution of burning, authorized, when weather or other conditions involve a serious risk or danger of fires.

ARTICLE 6 -- Requests for the authorization of burning shall contain, at least and without prejudice to the additional requirements established by the competent local authorities, the following information:

(a) Data from the person responsible for the exploitation of the site.

(b) Data from the domain holder.

(c) Consent of the domain holder.

(d) Identification of the site where the burning will develop.

(e) The purpose of burning and describing vegetation and/or vegetation residues to be eliminated.

(f) Apply techniques for ignition, control and fire extinguishing.

(g) Prevention and security measures to be implemented to prevent the spread of fire and safeguard public health and safety.

(h) Date and time proposed to start and end the burning, with as much approximation as possible.

ARTICLE 7 The provinces and the Autonomous City of Buenos Aires will dictate the complementary norms and establish the sanctions regime. Until the latter is sanctioned, the following penalties shall be applied supplementally, which shall be graduated in accordance with the nature of the offence and the damage caused, and subject to summary instruction to ensure the right of defence:

(a) Appreciation.

(b) Fine equivalent to a value that will go from CINCUENTA (50) to EZ MIL (10.000) basic salaries of the initial category of the National Civil Service. The production of these fines will be specifically affected by the financing of the environmental protection actions of the corresponding jurisdiction.

(c) Suspension or revocation of other burning authorizations.

ARTICLE 8 The provisions of this Act do not exempt compliance with special forest standards.

Article 9 Contact the national executive branch.

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IN THE SESSION OF THE ARGENTINE CONGRESS, IN GOOD AIRES, TO THE DIASS OF THE MONTH OF NOVEMBER OF THE YEAR DOS MIL NEW.

JOSE J. B. PAMPURO. EDUARDO A. FELLNER. . Enrique Hidalgo. . Juan H. Estrada.